Orange County , NC Equitable Distribution Attorney
We Help Clients Get What Is Rightfully Theirs. Serving Chapel Hill, Durham, Mebane, Carrboro, Hillsborough & Surrounding Areas.
When divorce is inevitable, you need a tenacious legal advocate on your side who can ensure that your assets are divided fairly. The skilled attorney at Browner Law, PLLC has extensive experience helping clients throughout Orange County negotiate the terms of their divorce settlements through the process of mediation or through the courts.
If your matter requires a judge’s decision, we can help you make a compelling argument for your rights to certain assets and ensure that your separate property remains yours exclusively. We're ready to do what it takes to protect your best interests. Put our years of experience to work for you when you call (919) 887-8662 today!
What Is Equitable Distribution?
North Carolina courts hold that marriage is a shared partnership in which each spouse has an equal right to the marital property. Therefore, the division of marital assets and debts between divorcing spouses is conducted according to laws of equitable distribution. Equitable distribution refers to the fair division of marital assets.
Typically, marital fault or other types of marital misconduct play no role in the division of assets, unless it relates to the misuse of the couple’s finances. In this case, a judge may determine that an equitable division of assets involves giving more assets to the spouse who is the victim of the other spouse’s financial negligence.
Determining What Is Equitable
In many property division proceedings, a judge will rule for the equal distribution of marital and divisible property. However, sometimes the court determines that equal division is not equitable.
To determine equitable division, the judge will consider several factors, including:
- The length of the marriage
- The age and health of each party
- The income, property, and liabilities of each spouse
- Any support from a previous marriage
- Any pension or retirement funds that are not marital property
- The potential tax consequences to each spouse
- Any additional factors the court views as “just and proper”
If you would like to learn more about how equitable distribution laws affect your particular situation, contact Browner Law, PLLC. We can help you understand your legal options and provide guidance on how to effectively proceed.
Call (919) 887-8662 now to speak with a qualified Orange County, NC attorney about equitable distribution.
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Our founding attorney has nearly two decades of legal experience.